logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
대전지방법원 2018.02.01 2016가단225381
채무부존재확인
Text

1. The Plaintiff’s obligation based on the contract for the supply of processed goods as of June 9, 2016 to the Defendant is KRW 43,105,979.

Reasons

Facts of recognition

On June 9, 2016, the Plaintiff entered into a contract for the supply of processed goods (hereinafter “instant contract”) with the Defendant to supply “D stores” (hereinafter “instant stores”) within the Yananansan Seosan Seosan Seosan Seo-do Highway C resting area, and sell them under the name of the Defendant, and the Defendant to pay the Plaintiff the amount calculated by multiplying the total sales price by the supply rate by the supply price (hereinafter “instant contract”).

Article 3 (Definition of Terms) (1) "Supply of processed goods" means a transaction method in which the Plaintiff installs human and physical facilities for the manufacture and supply of goods at the rest area, which is the Defendant's business place, and sells manufactured goods on the Defendant's name and the Defendant's account. The Defendant pays the remainder of money calculated by deducting the Defendant's fees from the Plaintiff's monthly gross sales

Article 4 (Rate of Supply and Supply (Fees) Paragraph (2) of the Defendant’s provision of goods to the Plaintiff shall apply the standard sales (amount determined according to the increase ratio of average monthly sales in 2014-2015) to the monthly total sales (amount determined according to the increase ratio of average monthly sales in 2014-2015) of the Defendant’s provision of goods to be supplied to the Plaintiff. After distinguishing the “supply rate” of the relevant month, the amount calculated by multiplying the total sales by the relevant supply rate

(Article 7(1), (2), (3) of the Special Agreement shall apply). Article 6(1) of the Special Agreement term is from June 13, 2016 to December 31, 2016.

- In the event that the plaintiff fails to commence the business without any justifiable reason on the date and time of commencement of the business determined in consultation with the defendant of Paragraph 1 of Article VII (Order to Commence Business), the defendant may determine that time limit for commencement and issue an order to commence the business to the plaintiff, and if the plaintiff fails to commence the business within the specified time limit, this contract shall be terminated immediately with the intention of commencement.

Article 8 (Payment and Return of Deposit for Performance Contract)

arrow